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Bogotá's Chamber of Commerce ("CCB") Centre of Arbitration and Conciliation ("CAC")

A concise overview of the key procedural features, advantages, disadvantages, and practical considerations associated with Bogotá's Chamber of Commerce ("CCB") Centre of Arbitration and Conciliation ("CAC").

Overview

Overview: advantages and disadvantages

ADVANTAGES DISADVANTAGES 
International Arbitration. Administers international cases under UNCITRAL rules in Spanish, English, and Portuguese. Limited Global Recognition. While strong in Latin America, it may not be as well-known or preferred globally compared to institutions like ICC or LCIA.
Cost-Effective & Timely. Designed to resolve disputes efficiently and affordably, especially for businesses. Language Barrier. Although multilingual, some resources and arbitrators may primarily operate in Spanish, which could be a challenge for non-Spanish speakers.
Confidentiality. CAC arbitration proceedings are confidential. Less Institutional Support for Complex Cases. Compared to larger global arbitration bodies, CAC-CCB may offer fewer resources for highly complex or high-value international disputes.
Experience & Reputation. Over 40 years of experience in resolving disputes; highly respected in Colombia and Latin America.
Enforcement. Arbitration awards issued under CAC rules are recognised and enforceable internationally under the New York Convention.  

Overview: Process

Procedural element Details
Rules
Commencing Proceedings
  • The Claimant must send a memorial to the Centre including proof of payment for the initial fees and proof that the request for initiation has been sent to the Respondent.
Answer to the Request
  • To be submitted within 30 days of receipt of the Request.
  • Must contain the information set out in Article 3.6 of the Rules.
Terms of Reference
  • This is not a common practice in Colombia and there is no established procedure to do so.
  • Only in domestic arbitrations when there is no public entity involved can parties determine the Terms of Reference.
Constitution of the Tribunal 
  • The Tribunal will be constituted as per the relevant arbitration clause (if applicable). 
  • If there is no such clause, the CAC will call a meeting to appoint the arbitrators.
  • If the parties cannot agree on the appointment of one or more arbitrator, the CAC will do so by drawing lots from the Centre's specialty lists, as long as the arbitration clause allows it to do so. 
  • If the parties did not agree on a method for appointing the arbitrators, they can request the Civil Judge do so.
Witness evidence 
  • According to Colombia's general code for procedure, witness evidence must be requested in the claim or the claim's response. 
  • The witness will be cited to attend a hearing in which he or she will be interrogated.
Fees & costs
  • The fees for a national arbitration are calculated according to the quantum of the claim(s).
  • The winning party is allowed to recover legal fees and its share of arbitration fees from its counterparty.

Expedited arbitrations

The Rules allow for expedited arbitration for cases related to social arbitration, consumer law, and whenever the quantum of the claim is not above 600 "SMLMV", or 'legal monthly current minimum wage'. In these cases, the parties must agree to the expedited arbitral process.

Note: Emergency Arbitrators

Emergency arbitrators are permitted, but only in international arbitrations.  

Arbitrator conflicts / disclosure of interest

When appointed, arbitrators and secretaries must disclose any circumstance that can result in doubts regarding their independency and impartiality.

The parties will comment on any disclosures in a letter of acceptance. In the letter of acceptance, the parties may also request the arbitrator or secretary renounce his or her appointment. If the arbitrator or secretary fails to renounce his or her appointment in the next 3 days, the  other arbitrators will decide on the matter within 5 days.

Note:

The 2024 IBA Guidelines on Conflicts of Interest in International Arbitration are also applied in practice. A link to those IBA Guidelines can be accessed here.

Consolidation

Consolidation is permitted where:

1. The claims made could be combined in the same civil lawsuit.

2. The claims are related and the parties are reciprocal Claimants and Respondents.

3. The Respondent is the same and the defence is based on the same facts.

 

Pleadings or memorial approach?

The Rules are compatible with the memorial style.

Summary judgment

Summary judgment is not possible under the Rules. 

Security for costs

The Rules do not provide for the possibility of seeking security for costs. 

Disclosure of documents

The Rules do not provide for the mandatory disclosure of documents. 

Under Article 3.24 of the Rules, the Tribunal may ask the parties to deliver documents, appendices and additional evidence and may fix the date for the delivery of those documents.

Hearings

As a general rule, hearings can be conducted virtually unless the arbitrators decide otherwise. 

It is common for Tribunals to insist on multiple cameras on witnesses giving evidence virtually, as confirmation that they are unaccompanied (and therefore unassisted). 

Note: The CAC recently issued a virtual hearing protocol that may be enforced in Tribunals.

Appeals

There is no possibility of appeal against a Final Award in the Regulations. 

In exceptional circumstances, parties may request the annulment of an award on a question of law. 

The affected party may also present a "tutela" – an application designed to protect constitutional rights. 

Further information

    Model clause
    1 (CCB Rules):
    […] Any dispute arising out of or in connection with this contract, including any subject related to its existence, validity or termination, shall be submitted and settled, definitively, by international arbitration, under the Rules of Procedure for International Arbitration of the Centre for Arbitration and Conciliation of the Bogotá Chamber of Commerce, which  are deemed incorporated to this agreement.
    The number of arbitrators shall be three. The seat of the arbitration shall be [choose the seat]. The language of the arbitration shall be [choose the language]. The applicable law to the merits of the dispute shall be [choose the law]. The proceeding shall be administered by the Centre for Arbitration and Conciliation of the Bogotá Chamber of Commerce. […]

    2 (UNCITRAL Rules):
    Any dispute arising out of or in connection with this contract, including any matter relating to its existence, validity or termination, shall be submitted to and finally settled by means of international arbitration, administered by the Center for Arbitration and Conciliation of the Bogotá Chamber of Commerce, under the Arbitration Rules of  the  United  Nations Commission on International Trade Law, which are deemed to be incorporated  into  this clause.
    The Center for Arbitration and Conciliation of the Bogotá Chamber of Commerce shall be the appointing authority of the Tribunal. The seat or place of arbitration shall be [choose place]. The language of the arbitration shall be [choose language]. The applicable law  shall  be [choose the law].

If you would like any further information about CCB and CAC arbitrations, please contact Ana Catalina Restrepo (arestrepo@dacbeachcroft.com).  

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